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"A contractor faced with a
substantial change in its originally contracted scope of work, who is unable to
successfully negotiate a price for that additional work, may elect to continue
to work and reserve its right to subsequently obtain a judicial determination
as to the value of the changes, so long as the other contracting party
continues to demand performance of the increased scope of work, and in the
absence of any conflicting provision of the contract." Ted Jacob Engineering Group v. Ratcliff Architects, 2010 WL 3294341 (Cal.App. 1
Dist.). Trenton H. CotneyFlorida Bar Certified in Construction LawGlenn Rasmussen Fogarty & Hooker, P.A.100 S. Ashley Dr., Suite 1300Tampa, FL 33602(813) 229-3333www.trentcotney.com

Summary judgment in favor of
condominium purchaser against developer for breach of contract and return of
deposits was reversed to give the parties an opportunity to be heard and
due to existence of disputed genuine issues of material fact pertaining to the breach. Ness Racquet Club, LLC v. Ocean Four 2108, LLC,2011 WL 4578164 (Fla. 3d DCA 2011).

The appeal of a determination of entitlement to attorney's fees
was dismissed because the trial court previously had reserved ruling on the
amount of reasonable fees. Islander Building Company v. Klaus, 2011 WL 5008540 (Fla. 2d DCA 2011).

The Florida Supreme Court approved significant changes to Rule 1.720, Florida Rules of Civil Procedure (Mediation Procedures) concerning a representative’s appearance at mediation
with authority to settle a case. The most important parts of the new rule
(which is effective on January 1, 2012) appear below:

(c) Party Representative
Having Full Authority to Settle. A “party representative having full authority to
settle” shall mean the final decision maker with respect to all issues
presented by the case who has the legal capacity to execute a binding
settlement agreement on behalf of the party. Nothing herein shall be deemed to
require any party or party representative who appears at a mediation conference
in compliance with this rule to enter into a settlement agreement. . . . (e) Certification of Authority. Unless otherwise stipulated by the parties,
each party, 10 days prior to appearing at a mediation conference, shall file
with the court and serve all parties a written notice ident…

Unless otherwise defined by contract, Florida case law defines substantial completion as when the construction is sufficiently complete so that the owner can use or occupy it for its intended purpose. J.M. Beeson Co. v. Sartori, 553 So.2d 180 (Fla. 4th DCA 1989).

"Any person who files an action protesting a decision or intended decision pertaining to contracts administered by the department, a water management district, or an agency pursuant to s. 120.57(3)(b) shall post with the department, the water management district, or the agency at the time of filing the formal written protest a bond payable to the department, the water management district, or agency in an amount equal to 1 percent of the estimated contract amount. For protests of decisions or intended decisions pertaining to exceptional purchases, the bond shall be in an amount equal to 1 percent of the estimated contract amount for the exceptional purchase...." Trenton H. CotneyBoard Certified in Construction LawTrent Cotney, P.A.1207 N Franklin St, Ste 222Tampa, FL 33602(813) 579-3278www.trentcotney.com

Section 713.31(1), Florida Statutes, provides a cause of action for a claimant when the owner or any other lienor such as the prime contractor deprives the claimant of its lien rights by fraud or collusion. Wal-Mart Stores, Inc. v. AAA Asphalt, Inc., 677 So.2d 93 (Fla. 1st DCA 1996).

Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children. To protect against this risk, on April 22, 2008, EPA issued the Renovation, Repair and Painting Rule. It requires that firms performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities and schools be certified by EPA and that they use certified renovators who are trained by EPA-approved training providers to follow lead-safe work practices. Individuals can become certified renovators by taking an eight-hour training course from an EPA-approved training provider. Learn how to become an EPA certified firm and where to take a training course near you. www.epa.govTrenton H. CotneyFlorida Bar Certified in Construction LawGlenn Rasmussen Fogarty & Hooker, P.A.100 S. Ashley Dr., Suite 1300Tampa, FL 33602(813) 229-3333www.glennrasmussen.com

Under the Davis-Bacon and Related Acts (DBRA), covered contractors must maintain payrolls and basic records and submit certified weekly payrolls. Although use of Form WH-347 is optional, the form will satisfy the requirements of Regulations, Parts 3 and 5 (29 CFR, Subtitle A), as to payrolls submitted in connection with contracts subject to the DBRA. Records to be maintained include: Name, address, and social security number of each employee;Each employee's work classification(s);Hourly rate(s) of pay (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof);Daily and weekly numbers of hours worked;Deductions made; andActual wages paid.See29 CFR 5.5(a)(3) for further information. www.dol.govTrenton H. CotneyBoard Certified in Construction LawTrent Cotney, P.A.1207 N Franklin St, Ste 222Tampa, FL 33602(813) 579-3278www.trentcotney.com